Birth right of Adopted son

This query is : Resolved 
 

(Querist)
29 January 2011

Dear Sir/Madam,

Does the adopted son will have Right to enjoy the property of Natural father?

My father was adopted when he was 14 years old with all proper legal procedures.


my grandfather has 3 sons (including my father), and only my father was adopted by grand fathers brother.

Please let us know if there were any earlier judgements or Acts or Laws indicting my father has right to ask the share in property of Natural father.

Thanking you in Advance.




Guest (Expert)
29 January 2011

probably the adopted son cannot claim right legally from natural father.

Devajyoti Barman (Expert)
Click to Talk
29 January 2011

If the adoption was legal though the same can not be questioned now , the adopted son from the date of adopton becomes a son with all the rights and liabilities of a natural son. So your father has got the same right of inheritance which a biological son has from his father.

Advocate Bhartesh goyal (Expert)
30 January 2011

Yes Mr.Barman is absolutely right and i agree with.

R.venkatesh Naidu (Expert)
30 January 2011

i agreed mr.Burmans advice and also i have gien below some citations for your feference:

1964 AIR 510
1964 SCR (4) 497
R 1966 SC 984 (8,9)
RF 1967 SC 569 (9)

N.K.Assumi (Expert)
30 January 2011

If the adopted son can not have any right over his adoptive parents, what is the use of uprooting him from his biological parents to the adoptive parents? He should be treated as natural son of his adoptive parents for all practical purpose.

pritamsaini (Expert)
30 January 2011

I think as per old hindu law adoption of your father was valid.your father have no right in property of natural father ecxept adoption declare invalid.

Vinod Singh Tomar (Expert)
30 January 2011

Mr. Pritam Saini is correct. Once adoption is valid, adopted son can claim only in the property of adoptee parents and not in the property of natural father until and unless adopted son revert back to the same family from where adopted son has been uprooted.

M V Gupta (Expert)
30 January 2011

The issue raised is whether after adoption the adopted person will still have right to enjoy the property of his natural father. The correct answer is ""No". But, if the adopted person (he or she) had any property vested in him prior to the date of adoption then that right survives the adoption i.e., he will continue to have that right even after adoption. Ex. Right by birth in the HUF property of natural father.(ref Proviso (b) to sec.12 of the Hindu Adoption and Maintenance Act, 1956).

Marssaturn (Querist)
01 February 2011

Thankyou Sir for all the time spent by you in answering my question.

Would like to know more info on Right by birth in the HUF property of natural father.(ref Proviso (b) to sec.12 of the Hindu Adoption and Maintenance Act, 1956).


M V Gupta (Expert)
02 February 2011

The right by birth arises if there is ancestral property, i.e., property inherited from fore fathers and is held jointly by all the members of the family without partition. Under this doctrine of "Right by birth", as and when a child is born to any of the coparceners of the family the child automatically gets a share in such property. For more information pl browse on the internet.

Marssaturn (Querist)
02 February 2011

Thankyou Gupta Sir for providing the info.

it was informative,based on your suggestion got some more info from http://www.vakilno1.com/bareacts/hinduadoptionsact/hinduadoptionsact.htm

can you please help me by pointing out to any Ruling or Judgement based on sec 12(b) 1956 Hindu adoption act.

Thanking you in Advance.



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